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MATTER OF FULLER

45 Misc.2d 353 (1965)

In the Matter of The Estate of Eugenie A. Fuller, Deceased.

Surrogate's Court, Nassau County.

March 3, 1965

Attorney(s) appearing for the Case

Ralph W. Lawrence for proponent. Sprague, Dwyer, Aspland & Tobin (Joseph L. Tobin, Jr. of counsel), for Rector, Churchwardens & Vestry of Christ Church. Louis J. Lefkowitz, Attorney-General (Sarel M. Kandell of counsel), for ultimate charitable beneficiaries. Philip M. Dugan for James M. Curry, objectant. George Conway, as special guardian for unknown distributees. John J. Molloy for Public Administrator.

JOHN D. BENNETT, S.

This is a motion for summary judgment by the proponent seeking to dismiss the objections filed in this contested probate proceeding.

In Matter of Pascal (309 N.Y. 108, 113), the Court of Appeals held that motions for summary judgment may be made in proceedings in the Surrogate's Court "although occasions for granting such relief may be rare in a probate proceeding".

As observed...

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